The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-02-04
DRUMMEns IN VIRGINIA.
Coupons rs Good na Greonbncks-a Dc
cisiOn by Judge Bond.

Caupons rs Good ms Greonbncks-h DC.
cision by Judge Bond.
BALTIMORE, Feb. 3.-The State OF Vir.
ginia, in 1871, funded her ante.bellum
debt by Issuing now bonds, payable in
thirty.four years, for two. thirds OF the
old debt, and certificates Of indebtedness
for the other one.third OF the debt, which
arc known as West Virginia certificates.
The bonds Of Virginia have attached to
thom coupons which, by the law author.
izlng their issue, are made receivable for
all taxes due tho State. The cou.
pons bear on their face thig
statement: "The Supreme Court Of tho
United States has decided that thsRs bonde
end coupons substitute the contract Of the
State that the coupons will be received
for taxes, and tha. the State cannot ropn.
diste lis contract by refusing 10 receive
then.." The Supreme Court has also de.
cidtd that a tendst Of q coupoa Ia ca l!ys.
lent 10 payment Of the tax, and that a
person who has tendered coupors to psy
for license tax Is entitled to a liCsnse,
and, II such terdsr is refused, can 20 oil
and transac. such business lust
as if he had liccnes. Tho Supreme
Court Of Virginia, on January
20sh last, IN the case OF Jones, a
drummer, convicted Of selling goods with.
out license, after tender Of coupons, dc.
cided that tender OF coupons wss not
sufficient to protect paraon from prose-
cntion, unless the coupons had first been
verified by the vsrdic. of jlry, rs re.
quired byH Virginia statute. Acting on
this Last decision Of tho Supreme Court
OF Virgins, the Virginia authorities arc
arresting and iudlcsing all perzons trading
without license, whether they have ten
dered coupons or Ios. Richard Lee
Fitzgerald, representing Austin. Fields
< Co., Of Philadelphia, and O. P. Sher.
wood, representing the Spencer Op-
tical Manufacturing Company, o!
New Yo-k, were nrres.ed-Fizgerald
in Polsski coucty, and Sherwood in
Richmond-and vera committed to Jail,
Thereupon Mr.. ". L. Royal, council for
the English bonjholdels, Immediately
Bued out writa Of habeas corpus, aud the
parties were produced befo:o Judge Bond
Yesterday, and the question whether the
decision OF the Supreme Court Of Virginia
OF the Supreme Court Of the United
States prevails, was submitted to him.
The case wss argued by Mr.. Royal and
Gen. Bradley t. johnson for the petition
eIs, Gnd Attorney General Ayres, OF Vir-
ginia, for the respondent. Judge Bond
prepared and submitted the following
opinion: :
"Ths petition in this case se!s forth in
detail the laws under which the petitioner
is detained and the facts which caused his
arrest and imprisonment. These allcsa.
tions OF the petitioner are not travorsed or
denied, aud must be taken as true. TAX
ing them TO be true, it only appears, as we
thint, that the petitioner ia held in viola.
ton OF Tie Constitution OF the United
States. The cass mus. bs consid-
cred, the respondent. not denying
the allegations OF the petitioner, Gs
il those alleged facts we're in
the return, and that the party WAS held
for the reasona aud uuder the circum-
stances alleged, as wall in tho petition us
in tho ,eturn proper. We have concluded
10 determine this casa Immediately, With.
out further consideration, that it may 20,
il the Virginia authorities 90 determine, TO
tho Supreme Court at once, that an carly
deciaioe Of that tribuna! may prevent
further illegal arrests OF like character,
il this csse should be decided so
to be. In ex parte Royal, III
U. s. 257, the Supreme Court cay,
that whi!o the Circuit Cour. has the power
to do 60, and may discharge the accused
in advance Of his trial, it in not bound to
do SO in every case. Bu: in this caso, il
the party be not discharged Immediately,
the damage TO him will be very great, ii
not irrepars5le. lie will lose hjS whole
years businces, aud his rivals in trade
will eupplant him in the good will OF his
customers. We think the party should be
discharged. aud an order will bs made &C.
coidin2!y." Attorney General Ayrss en-
tered an appeal.